HomeMy WebLinkAbout2013-04-03 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION COUNCIL
MEETING
. DATE 4/3/13
PREPARED BY: Community Development
ORIGINATING DEPARTMENT
AGENDA
ITEM # �
. �
Jennifer Levitt
STAFF AUTHOR
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COUNCIL ACTION REQUEST
Consider adopting:
1. An ordinance amending the City's Zoning Map to rezone approximately 39.5 acres of land legally
described in the draft ordinance from AG-1, Agricultural Preservation, to R-3, Single Family
Residential District; and
2. A resolution authorizing the publication by title and summary of the ordinance amending Title 11-1-
6, Zoning Map of the City Code; and
3. A resolution approving Newland Real Estate Group's Planned Development Overlay Plan and
preliminary plat for Ravine Meadow to develop 92 lots for detached single-family houses.
STAFF RECOMMENDATION:
2
3
Adopt the ordinance amending the City's Zoning Map to rezone approximately 39.5 acres of land
legally described in the draft ordinance from AG-1, Agricultural Preservation, to R-3, Single Family
Residential District; and
Adopt the resolution authorizing the publication by title and summary of the ordinance amending
Title 11-1-6, Zoning Map of the City Code; and
Adopt the resolution approving the Planned Development Overlay Plan and preliminary plat for
Ravine Meadow.
ADVISORY COMMISSION ACTION:
� PLANNING
SUPPORTING DOCUMENTS
DATE REVIEWED APPROVED DENIED
2/25/13 ❑ � ❑
� MEMO/LETTER: Memo from John McCool dated 3/28/13
� RESOLUTION: Draft - Preliminary Plat
Draft - Ordinance Summary
� ORDINANCE: Draft
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Excerpt from approved 2/25/13 Planning Commission minutes
ADMINISTRATOR'S COMMENTS
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�ity Administrator ` Date
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
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TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: John McCool, Senior Planner
DATE: March 28, 2013
RE: Newland Real Estate Group, LLC — Rezoning, Planned Development Overlay, and
Preliminary Plat Applications — Ravine Meadow
Proposal
Newland Real Estate Group, LLC has applied for the following applications for the proposed
"Ravine Meadow" residential subdivision:
A. A zoning amendment to change the property's zoning classification from AG-1, Agricultural
Preservation, to R-3, Single-Family Residential with a Planned Development Overlay
(PDO).
B. A Planned Development Overlay final plan.
C. A preliminary plat for Ravine Meadow consisting of 92 lots for detached single-family
residential homes. There are five outlots in the plat to provide for stormwater detention, a
public park, and landscaped islands.
The property is located north of 70th Street (CSAH 22) and approximately one-quarter of a mile east
of Jamaica Avenue.
Location Map
Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 2 of 18
Planning Commission Recommendation
The Planning Commission reviewed Newland Communities' rezoning, final Planned Development
Overlay Plan, and preliminary plat applications at their meeting on February 25, 2013. The appli-
cant was present. Ann Zelmer, 9278 70th Street South, was interested to know if their existing
trees would be removed or if drainage from the proposed development will adversely impact their
property. Mrs. Zelmer also asked if their property would be required to connect to city water and
sanitary sewer and if they would be required to be part of the new development's homeowners
association. Mrs. Zelmer was informed that their property should not be impacted and will not be
required to connect to city utilities or be part of the homeowners association. No other public
testimony or written comments were received at that meeting.
The Commission unanimously (6-to-0 vote) supported the applicant's planning applications and
recommended to the City Council the following actions:
Adopt an ordinance amending the City's Official Zoning Map for to rezone approximately
39.5 acres of land legally described in the draft ordinance from AG-1, Agricultural Preser-
vation, to R-3, Single Family Residential District; and
2. Adopt a resolution approving Newland Communities' Ravine Meadows Planned Develop-
ment Overlay Plan and preliminary plat application to develop 92 lots for detached single-
family houses, subject to the conditions listed in the attached draft resolution.
An excerpt from the Planning Commission's unapproved minutes is attached.
Background
On November 26, 2012, the Planning Commission and City Council held a joint workshop to dis-
cuss the concept development plans proposed by Newland Real Estate Group, LLC and DR
Horton. The purpose of that joint meeting was to provide a cursory review of two residential de-
velopment concept plans and provide general feedback to each developer. Background informa-
tion concerning the proposed development standards and the residential zoning classifications
that were created in 2006 to implement the East Ravine Master Plan and how the two concept
plans differ from those intended standards was presented at the workshop.
At the Planning Commission's regular meeting on November 26, 2012, Newland Real Estate
Group, LLC presented to the Planning Commission their development concept plan. At that time,
the proposed project consisted of 92 lots for detached single-family homes on lots of varying
sizes. The original concept plan provided a stormwater basin, trails, and open space to facilitate
play structures, a shelter, and outdoor recreation.
Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 3 of 18
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Concept Site Plan December 12, 2012
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The Planning Commission generally supported the idea of allowing the minimum front yard set-
back to be reduced from 30 feet to 25 feet for the living area of the house and requiring 30 feet for
the attached garage. Reducing the 10-foot minimum side yard setback to 7.5 feet for both sides
of the dwelling and requiring a 440 square foot minimum attached garage area were also sup-
ported. The Planning Commission also favored the idea of having two street connections along
the east side of the site to provide future street connections to the ten-acre parcel located be-
tween the SW1ND's property and Newland's site. The proposed trail connection to the S1NWD's
property north of Newland's site was agreeably a practical location and provided a public trail
connection that benefits the community. The Planning Commission discussed the proposed tot-lot
location and the opportunities to increase the park area with additional land from Newland Com-
munity and SW1ND. The Commission recommended that the average lot width be 75 feet meas-
ured at the recommended 25-foot minimum front yard setback line, and the minimum finished
floor area for a single-family rambler is 1,500 square feet and 2,000 square feet for all other
single-family designs.
The Planning Commission understood the developer's desire to plat an easement along the rear
lots of the parcels abutting 70th Street, but also believed there were benefits in having the buffer
strip platted as an outlot that would be owned and maintained by the homeowners association.
The Commission was interested in the future design of 70th Street to better understand the
streetscape appearance. It was the consensus of the Commission that a buffer strip of adequate
width be uniformly landscaped and graded with earth berms along 70th Street. The Commission
supported the developer's idea that any fencing, accessory structures, play structures, etc. in the
rear yard of the lots abutting 70th Street must not encroach into the specified buffer strip.
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Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 4 of 18
The Planning Commission recommended to the City Council the approval of the concept plan
dated October 19, 2012 with certain revisions. The developer modified the concept plan as sug-
gested by the Planning Commission and the revised Concept Site Plan dated December 12, 2012
was presented to the City Council on December 18, 2012.
The City Council approved Newland Communities' Concept Site Plan dated December 12, 2012,
subject to the following conditions:
1. Temporary turn-around is constructed at the dead-ended street located at the northwest
corner of the site.
2. The buffer strip or outlot along and parallel to 70th Street shall be an average of 75 feet
in width and graded with undulating earth-berms and densely landscaped. An under-
ground irrigation system shall be provided for all turF areas. The developer provides
options for how maintenance will be managed and delineated.
3. Landscaped islands shall be provided in the center of cul-de-sacs. The islands will be
platted as outlots. The homeowners association must own and maintain these outlots.
4. A homeowners association must be created for this development.
5. A sidewalk is constructed on the east and west sides of Jensen Avenue located between
70th Street and the first intersecting street north of 70th Street.
6. The minimum front yard setback for the living area of a dwelling must not be less than 25
feet and the minimum front yard setback of the attached garage must not be less than 30
feet. A minimum 7.5-foot side yard setback is acceptable.
7. The minimum finished floor area for a single-family rambler is 1,500 square feet and
2,000 square feet for all other single-family designs.
8. The average lot width shall be a minimum of 75 feet measured at the 25-foot minimum
front yard setback line.
9. The minimum attached garage area shall be 440 square feet.
10. Architectural design is encouraged on all four sides of the principal structure.
11. A minimum of 20 percent of the front fa�ade is covered by brick, stone, stucco, or ce-
mentious board. The front fa�ade area does not include windows, door areas, or garage
doors.
12. The minimum roof pitch for the main roof slope is an 8/12 pitch.
13. Brick or stone front fa�ade is encouraged around the front corners and extend a mini-
mum of 24 inches along each side wall.
Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 5 of 18
14. The buffer strip or outlot paralleling 70th Street must average 75 feet with a 40-foot mini-
mum width. The City will consider reducing this 75-foot average width if additional public
open space is provided elsewhere within the subdivision.
15. Windows, doors, and garage doors are encouraged to have a low or no maintenance
trim on all four sides of the dwelling.
16. A center landscaped median shall be constructed on Jensen Avenue, between 70th
Street and the first intersecting street north of 70th Street. This median shall be platted
as an outlot and owned and maintained by the homeowners association for this sub-
division.
Planned Development Overlay (PDO) Plan Procedure
The Planning Commission must make a recommendation on the proposed Planned Development
Overlay plan to the City Council. The findings required to approve this PDO must include, but not
be limited to, the following:
A. The PDO plan is consistent with the intent of the PDO requirements specified in the City
Codes.
B. The PDO plan meets the standards required for a conditional use.
C. Each stage of the PDO plan can exist as an independent unit.
D. The area surrounding the PDO plan can be planned and developed in coordination and sub-
stantial compatibility with the proposed PDO plan.
E. Any proposed density transfer is consistent with the preservation and enhancement of impor-
tant natural features of the site.
F. Any density bonus is consistent with the density bonus criteria of the PDO ordinance.
G. Any variation of flexibility from zoning standards most similar in function to the proposed PDO
plan must produce results equal to or better than those achieved by the applicable zoning
standard.
H. Other factors related to the project as the Planning Commission and City Council deem rele-
vant. The Planning Commission and City Council may attach such conditions to their actions
as they determine necessary to accomplish the purposes of this section.
Conformance to the East Ravine Master Plan
The proposed preliminary plat and PDO plan are generally consistent with the East Ravine Master
Plan, which was adopted in June 2006. A comparison between Newland Communities' preliminary
plat and the East Ravine Plan is shown below.
Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 6 of 18
Preliminary Plat
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Land Use Map from East Ravine Master Plan, 2006
The proposed preliminary plat and the land use map from the East Ravine Master Plan are consis-
tent in the following ways:
• The East Ravine Plan primarily identifies the future development of the applicant's property for
detached single-family homes. The developer is proposing detached single-family lots for the
property, which is consistent with the East Ravine Master Plan and the City's Future Vision 2030
Comprehensive Plan.
The proposed planned development overlay plan proposes a 55-foot averaged buffer strip along
the dedicated 70th Street right-of-way line. This buffer area will be part of the rear yard for the 15
residential lots abutting 70th Street. There are a series of undulating earth-berms paralleling 70th
Street that will be graded within this buffer area. The berms range between zero to four feet in
height. A combination of deciduous and conifer trees will be planted within this buffer strip. The
City has required a 75-foot wide averaged buffer strip along these minor arterial roadways for
other projects in the East Ravine area. Because the average width of the buffer strip is less than
the desired 75-foot width, the developer added more land to the proposed public park area at the
north side of the plat.
• The proposed open space shown on the preliminary plat is at the end of a public street that pro-
vides public view into the South Washington Watershed (SWWD) property. This proposed public
park is in the general area where a future neighborhood park was proposed in the Future Vision
2030 Comprehensive Plan and the East Ravine Master Plan (2006).
• Trail and sidewalk connections and landscaped islands are proposed and are acceptable to the
City. Entrance features and landscaping is recommended at the 70th Street and Jensen Avenue
main entrance. Washington County has reviewed the preliminary plat, and they commented that
a pedestrian crossing across 70th Street on Jensen Avenue will not be allowed.
• Access is consistent with City and County transportation standards.
• Public street connectivity to adjacent parcels is provided for improving accessibility.
Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 7 of 18
• Management of the site's stormwater for rate and water quality is conceptually correct.
The proposed preliminary plat and grading plan are consistent with the low density residential
land use designation for this area.
Zoning
The applicant's proposed Planned Development Overlay (PDO) application includes a request to
rezone the property from the current zoning of AG-1, Agricultural Preservation, to R-3, Single
Family Residential. The R-3 zoning classification requires a 75-foot minimum lot width and a
10,000 square foot minimum lot area, but the requested PDO plan proposes a 9,093 square foot
average lot area and a 79.3 averaged lot width measured at the proposed 25-foot minimum front
yard setback line. Corner lots are required to have an additional ten feet of lot width.
The developer is proposing the following development standards for their PDO plan:
Current R-3 Standards Proposed PDO
Minimum lot area 10,000 sq. ft. minimum 9,093 sq. ft. average
65 feet minimum with an overall 79.3
Minimum lot width 75 feet foot average at the 25 foot minimum
front yard setback line
Minimum house(living area) 10 feet 7.5 feet
side yard setback
Minimum attached garage 5 feet (attached garage side) 7.5 feet
side yard setback
Minimum front yard setback 30 feet 25 feet (house)
30 feet (garage)
Minimum rear yard setback 35 feet 35 feet
Corner lot width 85 feet 92.8 feet (average)
Minimum side yard setback 20 feet 20 feet
on a corner lot
Comprehensive Plan
The future land use in the City's Future Vision 2030 Comprehensive Plan and East Ravine Mas-
ter Plan for this area is low density residential. The applicant's proposal to subdivide this property
into 92 detached single-family homes is consistent with these two plans. The property is in the
Metropolitan Urban Service Area (MUSA) and the proposed 2.61 units per acre net density is
within the one to four units per acre density range for land designated low density residential.
Planning Considerations
Property Characteristics
The 39.5-acre Newland Real Estate Group, LLC's property is currently farmland. There are no
buildings on the site. The site is moderately flat with natural drainage generally flowing toward the
northeast corner of the property. Trees and brush exist along the east and north boundary lines of
the property. An aerial photo of the property is shown below.
Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 8 of 18
Density
The developer's development plan proposes 2.61 dwelling units per acre (net density area). The
net density area is calculated by subtracting the 19 feet of additional dedicated right-of-way for
70th Street (2.52 acres) and 1.67 acres for the area below the high water elevation designed for
the stormwater basin.
The "low density residential" land use designation in the City's Future Vision 2030 Comprehen-
sive Plan and East Ravine Master Plan for this area is low density residential, which equates to
one to four units per acre. Based on this analysis, staff finds the proposed 2.61 units per net area
conforming to the established development policies for this area.
Tree Preservation
The Tree Preservation Plan inventoried 151 trees in the vicinity of the proposed developing site.
Only 48 percent (73 trees) of the inventoried trees are located on the developing site. Of these 73
trees, 63 percent (46 trees) are boxelders that are in marginally good condition and health. Most
of the trunk diameter for these trees is less than 12 inches, which is the minimum trunk diameter
for a qualifying tree. All the trees located on the site are proposed to be removed. There are no
specimen trees (30-inch or greater trunk diameter) on the property. City ordinance allows up to 40
percent tree removal without tree mitigation.
Based on the tree inventory dated January 28, 2013, and the City's ordinance regulation allowing
up to 40 percent of the qualifying trees to be removed without mitigation, the developer is re-
quired to replace only nine trees that are not boxelder trees and have a qualifying trunk diameter.
In applying the replacement rate of two trees for every one qualifying tree removed, tree mitiga-
tion for this project results in the planting of 18 trees with a minimum trunk diameter of 2.5 inches.
2006 Aerial of Proposed Development Site
Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 9 of 18
Planting these trees may occur within the park area, added to the landscaped buffer along 70th
Street as shown on the Landscape Plan dated January 28, 2013, within the South Washington
Watershed (SWWD) property with the written approval by the SWWD, or on lots. Lots abutting
the proposed park, the exception parcel in the southwest corner of the site, or around the storm-
water basin would be ideal locations to consider. Landscaping in the center islands or the buffer
easement along 70th Street will not be considered as mitigation.
A copy of the tree inventory is attached.
Access/Transportation
The Newland Real Estate Group, LLC project proposes one street connection along 70th Street
(CSAH 22). This access is across from Jensen Avenue, which is a collector street roadway. The
future alignment of Ravine Parkway is approximately one-quarter of a mile north.
Access to all residential lots are on local streets. The local streets are 60-foot wide right-of-ways
with 28-foot roadway widths (measured from face-of-curb to face-of-curb). The concrete curbing
and gutter will be a B618 design. The right-of-way and roadway widths are consistent with the
East Ravine Plan and city ordinance requirements. The preliminary plat also proposes dedicating
92 feet north of the center line of 70th Street (south line of Section 3). This roadway dedication
will be for the 70th Street right-of-way and is acceptable with Washington County.
Four future local street connections are proposed to serve other adjoining parcels. The eastern
and western road extensions are best located to serve and logically provide access to future de-
velopment on the adjoining parcels. The proposed northerly road extension is centrally located on
the 20-acre parcel of land currently owned by Thomas and Mary Ann Goebel. This future street
will eventually connect to Ravine Parkway. An illustration of these future roadway connections is
shown below.
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Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 10 of 18
A temporary turn-around will be required at the dead-ended streets located at the west and east
boundary lines of the proposed developing site. A temporary turn-around is not required for the
street at the north boundary line because a house will not front on this street at this time. The plat
and Planned Development Overlay plan provides two future roadway connections to the abutting
ten-acre parcel located east of this site. This is consistent with the recommendation made by the
Planning Commission and City Council. If the temporary turnarounds cannot be located within the
existing 60-foot wide right-of-way, the developer will be required to provide a temporary roadway
easement on other properties to construct these turnarounds. The developer must prepare a legal
description, sketch drawing, and temporary easement document for the City's review and ap-
proval. The temporary easement agreement will terminate once the local street is extended in the
future. The temporary easement will no longer be needed at that time. A barrier and sign will be
erected at the end of the three dead-ended streets to inform the public that the dead-ended
streets are planned to be extended in the future.
Street names were recommended with participation from City staff representing Public Works,
Police Division, Fire Division, Building Division, and Administration. The recommended street
names are consistent with the Uniform Street Naming System. The "eyebrow" street bump-outs
for Blocks 6 and 7 are not recommended to have a different street name since there are so few
lots on the street eyebrow and they are very short length. The recommended street naming for
this project and neighboring properties is shown below.
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Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 11 of 18
A right-turn lane onto Jensen Avenue into the Ravine Meadow subdivision will be constructed by
Washington County. The existing asphalt trail segment paralleling 70th Street will be relocated to
one-foot from the plat's south boundary line. The developer will be required to pay the cost and
construct this trail and the right-turn lane.
Center Islands and Buffer Strip
Landscaped islands in the center of the cul-de-sacs are required to be platted as outlots. The
homeowners association (HOA) is required to own and maintain these parcels. The HOA is also
responsible for maintaining the 55-foot averaged buffer width along the rear lot line of the 15 lots
in Blocks 1 and 2. The developer is responsible for planting the trees, shrubs, and other
landscaping materials in the cul-de-sac islands and buffer strip along 70th Street. An illustration of
the plant materials proposed for the center islands and along 70th Street is shown below. A copy
of the �andscape Plan dated January 28, 2013 is attached.
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The buffer strip along the rear lot line of the lots in Blocks 1 and 2 will be graded to provide un-
dulating earth-berms ranging between zero to four feet in height. The minimum width of the buffer
street is 40 feet and the widest is about 75 feet. The 75-foot buffer width is located on the two lots
at the main entrance of the subdivision that connects to 70th Street. The average buffer width is
about 55 feet. The buffer will exist as an easement that will be platted on each of the 15 lots abut-
ting 70th Street. The homeowners association will maintain this buffer strip even though the
landscaped buffer is on private properties. Delineator markers along the house side of the buffer
strip are required for the benefit of the property owners and homeowners association.
The 15 lots along 70th Street are platted with extra depth, ranging between 175 to 207 feet. This
extra depth will provide adequate space necessary to accommodate the densely planted buffer
strip and an abundance of privacy in the rear yard for homeowners. The lots and existing houses
on the south side of 70th Street have lot depths that range between 134 to 153 feet with a 45-foot
to 76-foot separation between houses and the rear property line (70th Street right-of-way line).
Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 12 of 18
A homeowners association will provide homeowners within this neighborhood with a uniformed
continuity of architectural designs and regulations that will maintain property values. The
homeowners association will also be responsible for mowing the turF between the south boundary
line of Blocks 1 and 2 and the shoulder along 70th Street and maintaining the landscaped berm,
plants, landscaping materials, and turF located within the buffer easement along the rear yard of
the lots in Blocks 1 and 2.
DR Horton is the developer for the adjoining property east of the Ravine Meadow subdivision.
Because the SWWD's property bisects DR Horton's subdivision, street access to the 23 lots in
the southwest corner of DR Horton's subdivision (Phase 4) will be from the Ravine Meadow
subdivision. The two developers are working together in preparing their declaration of protective
covenants to meld their covenants so that these 23 lots will compliment both developments.
Resolution in preparing both declaration of covenants will occur once the builders in the Ravine
Meadow project are determined.
Landscaping
In addition to the one yard tree that is required to be planted along the street frontage (one tree
per street frontage for corner lots), a minimum of four trees and ten shrubs are required for each
Preliminary Landscaping Plan
Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 13 of 18
residential lot. One of the four additional trees must be a conifer tree not less than six feet in
height (City Code Title 10, Chapter 5, Section I(7)). These trees are not eligible for tree mitigation.
The builder of any lot within this development will be required to post an escrow with the City to
insure these trees and shrubs are installed.
The Landscape Plan dated January 28, 2013 showing certain tree species along the boulevards
is required to be modified to show more mixed species along the streets versus one tree species
for each street segment. The City Forester is also recommending that 18 Ginkgo/Ginkgo Biloba
be included in the species list and the Autumn Blaze Maple be changed to Swamp White Oak. A
revised Landscape Plan is required with the submittal of a final plat application.
Sidewalk and Trails
A sidewalk is proposed on one side of the local streets within the project. The developer has
agreed to construct a sidewalk on both sides of the Jensen Avenue, between 69th Street and the
asphalt trail paralleling 70th Street. This will provide better pedestrian safety and mobility at the
main entrance of this neighborhood. All the concrete sidewalks will be five feet in width.
An eight-foot wide asphalt trail is located within the proposed public park. This trail will be ex-
tended to the northeast corner of the plat where it will connect to future trails on the S1NWD's
property.
The existing asphalt trail on the north side of 70th Street will also be relocated along this segment
of 70th Street that abuts Ravine Meadow. Once the developer completes their site grading, con-
structing Jensen Avenue, and re-working the grades in the drainage swale within the 70th Street
right-of-way, a new eight-foot wide asphalt trail will be will be constructed within one foot of the
rear boundary line of Blocks 1 and 2 of Ravine Meadow. The developer will be responsible for the
cost and construction of this trail segment abutting their site, concrete sidewalks, and asphalt
trails as shown on the revised preliminary plat dated February 20, 2013. Washington County will
construct the right-turn lane and the developer will be responsible to pay for this improvement.
Park Land and Public Open Space
Outlot C is recommended to be dedicated to the City for a public park. Credit toward the minimum
land dedication requirements will be based on the buildable land, which excludes the 92 feet of
right-of-way for 70th Street (CSAH 22) and the cumulative area below the ordinary high water
elevation for the stormwater basin in Outlot A. The total area of these exclusions is 4.18 acres,
thus providing a buildable area of 35.30 acres. City ordinance requires 10 percent land dedication
of the buildable area, or 3.53 acres for this project. Outlot C is 1.74 acres of land. Because the
buffer easement averaged 55 feet in width and not 75 feet as recommended by the City, the 0.47
of an acre of land (20 feet by 1,024 feet) is subtracted from the proposed park land dedication.
The net result for park land dedication is 1.27 acres. The 1.27 acre is 36 percent (1.27 acres di-
vided by 3.53 acres) of the minimum land dedication required by ordinance. For this reason, the
developer is required to pay to the City 64 percent of the $3,200 park fee in lieu of land dedication
for each lot. This is a total payment to the City in the amount of $188,468.29.
The location and acreage proposed for this public park is consistent with the City's Future Vision
2030 Comprehensive Plan and the East Ravine Master Plan 2006. The proposed park area is
also consistent with the Concept Plan approval by the City Council in December 2012. City staff
is recommending the acceptance of Outlot C for public park purposes. The City will continue to
Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 14 of 18
work with the SWWD staff to determine the best location for the proposed trailways and
recreation field that is proposed to encroach on a portion the SWWD's property.
The City's conceptual plan for this park includes a playground area, shelter, multi-sport court,
backstop structure on a small open grass area, and a hill for climbing/sledding. The hill could po-
tentially be used as an amphitheater for small gatherings. Staff will continue to work with the de-
veloper in finalizing the park development plan. The distance between the east boundary line for
Lot 1, Block 8 and the multi-sport court is approximately 100 feet. Landscaping will be required
along the park boundary that abuts residential lots.
A public walkway (eight-foot wide asphalt trail) will continue to exist along 70th Street, but will be
relocated to within one foot of the south boundary line of Blocks 1 and 2. This trail will be relo-
cated as the result of Washington County reconstructing that segment of 70th Street and the in-
stallation of a right-turn lane into the Ravine Meadow subdivision. Additional trail connections are
proposed within and along the perimeter of the SW1ND's properties to link future neighborhoods
and park amenities. The future public park plan for the Upper Ravine area in the East Ravine is
shown below.
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Future Public Park Plan for Upper Ravine Area of East Ravine
Park/open space boundary markers are required to be placed along residential property corner
markers that abut Outlot A and C. A total of 14 boundary markers are recommended. The devel-
oper is required to pick-up these boundary markers from the Cottage Grove Public Works. The
total cost of these boundary markers is $1,610.00. The cost for the boundary markers and the
installation of these posts will be included in the costs for the public improvements.
Utilities
The City's trunk sanitary sewer is located within the future alignment of Ravine Parkway, which is
an east-west alignment approximately one-quarter of a mile north of the Newland Real Estate
Group, LLC site. Developing the Newland Real Estate Group, LLC site will require the southerly
Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 15 of 18
construction of a sanitary sewer from the existing trunk sanitary sewer to then northeast corner of
Newland's property. Construction of this new trunk sanitary sewer is scheduled for early this year
and will be coordinated with the construction of the proposed DR Horton development located
east of this site.
There is an existing trunk watermain at the Joliet Avenue and 70th Street intersection. A new
ductile iron watermain will be extended throughout the proposed residential subdivision. One
segment of the watermain will be oversized to serve future developments in the area. The cost
difference between an eight-inch diameter ductile watermain and the oversize pipe will be cre-
dited to the developer and paid from the City's Water Area Fund.
The proposed stormwater system will be comprised of drainage swales to accommodate for sur-
face water drainage and a network of stormwater pipes that will direct stormwater flows to the
stormwater basin in Outlot A. The design of this stormwater system is based on the City's stan-
dard 100-year storm event (6.3 inches in a 24 hour period). The stormwater calculations and
modeling are being modified and will be submitted with the final plat application.
All existing public utility services are adequately sized to serve this and other properties within the
Upper Ravine area.
Grading
As with all new development projects, site grading is necessary to provide on-site stormwater
detention, street and building pad elevations, and drainage swales for routing surFace water runoff
to appropriate storm sewer systems. Each building pad will be graded above the street elevation
and at least two feet above the ordinary high water elevation for stormwater basins.
Storm sewer will be extended from the street to the stormwater basin located in Outlot A.
Drainage swales will also be necessary between the lots to provide drainage routes for surface
water drainage coming from rooftops, decks, sidewalks, and driveways. As noted on the prelimi-
nary grading, drainage, and erosion plan, a silt fence will be installed along the perimeter of the
grading limits. This fence will also serve as a barrier for trees that are to be protected.
The applicant's engineering consultant will continue to work with the City Engineer and S1NWD to
address stormwater storage basins and drainage. The grading plan shown below illustrates the
grading limits. This plan will be refined as the final utility plan is prepared and engineering details
are completed.
Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 16 of 18
Area Charges and Development Fees
The preliminary calculation of area charges and related East Ravine development fees for this
project are shown in the table below. These are preliminary estimates and are subject to change
based on quantity adjustments and credits to the actual costs for oversizing certain public utilities.
These fees and charges will be accurately adjusted in the development agreement. Payment to
the City will be required at the time the development agreement is fully executed by the City and
developer.
FEES AND CHARGES ACRES RATE ESTIMATED
AMOUNT
Storm water area charge 35.30 $3,938/ac. $138,992.47
Waterworks area charge 35.30 $2,922/ac. $103.132.55
Sanitar sewer area charge 35.30 $6,763/ac. $238,701.39
Street light poles and luminaries $21,700.00
Street light utility and surcharge fee $21,220.00
Initial sealcoating of streets and trails $5,409.60
Park fee 92 64°/a of $3,200 $188,468.29
Boundar markers 14 $115 $1,610.00
AUAR fee 39.48 $4,579.68
Ma'or Road Charge 36.97 $8,615 $318,455.14
Curb stop inspections 92 $300 $27,600.00
Total $1,069,869.12
Exception Parcel
There is an existing residential lot at 9278 70th Street. This parcel of land is not part of the pro-
posed Ravine Meadow subdivision. Newland Real Estate Group, LLC contacted the owner of this
property early in the process about adding their property to their development plan. The property
owner had no desire to either sell the property or be part of the proposed subdivision. Approx-
imately 50 feet of this property's northeast corner adjoins the right-of-way in the Ravine Meadow
plat; it only would serve as an access point into the property's rear yard.
Preliminary Grading, Drainage and Erosion Control Plan
Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 17 of 18
Relocating the existing driveway from the southwest corner of the property to the northeast corner
would require the new driveway to be extended from the northeast corner along the east side of
the house, across the front yard to the front of the attached garage. Another option would be to
install a garage door on the north side of the existing attached garage door, but the front entrance
into the home would still remain on the south side of the house. Neither scenario is ideal for the
homeowner.
The proposed Ravine Meadow development will not remove any of the existing trees located on
this property. Drainage on the Ravine Meadow site must not be directed onto or across this
property at 9278 70th Street. The property owner of this parcel will not be required to connect to
city sanitary sewer or water utilities unless their existing septic and drainfield system must be
upgraded or replaced or their potable water supply does not provide quality water.
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Public Hearing Notices
Public hearing notices were mailed to 72 property owners who are within 500 feet of the proposed
subdivision. These notices were mailed on February 13, 2013. The location map shows the 500-
foot buffer around the subject property.
Proposed Development Consistencies with City Ordinances
The proposed preliminary plat and Planned Development Overlay (PDO) of an R-3, Single Family
Residential District, is consistent with the East Ravine Master Plan (June 2006) and the Future Land
Use Map of the City's Future Vision 2030 Comprehensive Plan (March 2011). The overall plat layout
and PDO Plan complies with City ordinance requirements and is consistent with the concept plan
approved by the City Council in December 2012. The request to rezone the property from AG-1,
Agricultural Preservation, to R-3, Single Family Residential, is consistent with the development
densities identified in the City's Comprehensive Plan and East Ravine Master Plan.
Honorable Mayor, City Council, and Ryan Schroeder
Newland Real Estate Group, LLC — Ravine Meadow Development
March 28, 2013
Page 18 of 18
The developer is proposing to develop the entire 39.5-acre site and 92 lots in one phase. The de-
velopment of this project will be compatible with the existing residential neighborhoods south of
70th Street and future neighborhoods in the Upper Ravine area. The proposed variation (e.g. lot
sizes, lot widths, minimum front yard, and side yard setbacks) are similar in function to the pro-
posed PDO plan and will equal or be better than those achieved by the applicable zoning
standard.
The City's Public Works, Public Safety (Fire and Police Divisions), Parks Department, and City
Administration find the proposed Ravine Meadow applications compliant with City development
standards. Their comments and recommendations have been incorporated in the conditions con-
sidering the approval of this project.
Recommendation
That the City Council accepts the Planning Commission's recommendations in approving Newland
Real Estate Group, LLC's rezoning, planned development overlay and preliminary plat applications
for the development of a residential subdivision named as Ravine Meadow by adopting the
following:
1. An ordinance amending the City's Zoning Map to rezone approximately 39.5 acres of land
legally described in the draft ordinance from AG-1, Agricultural Preservation, to R-3, Single
Family Residential District; and
2. A resolution authorizing the publication by title and summary of the ordinance amending
Title 11-1-6, Zoning Map of the City Code; and
3. A resolution approving the Ravine Meadow Planned Development Overlay Plan and
preliminary plat application to develop 92 lots for detached single-family houses, subject to
the conditions listed in the attached draft resolution.
The findings of fact and conditions of approval as recommended by the Planning Commission are
included in the attached draft ordinance and resolution for your consideration.
ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA
AMENDING CITY CODE SECTION 11-1-6, ZONING MAP, VIA REZONING
CERTAIN PROPERTY LOCATED NORTH OF 70TH STREET APPROXIMATELY
ONE-THIRD MILE EAST OF JAMAICA AVENUE FROM AG-1, AGRICULTURAL
PRESERVATION, TO R-3, SINGLE FAMILY RESIDENTIAL DISTRICT
WITH A PLANNED DEVELOPMENT OVERLAY
The City Council of the City of Cottage Grove, Washington County, Minnesota, does ordain as
follows:
SECTION 1. AMENDMENT. The City of Cottage Grove's Official Zoning Map as refer-
enced in Section 11-1-6 of the "Code of the City of Cottage Grove," County of Washington,
State of Minnesota, shall be amended by rezoning certain properties with property identifica-
tion numbers being 03.027.21.34.0003 and 03.027.21.34.0004 from AG-1, Agricultural
Preservation, to R-3, Single Family Residential District, with a Planned Development Overlay.
Said properties are legally described below:
{Legal Description}
SECTION 2. REZONING. The Official Zoning Map shall be amended by changing the
zoning classification of the property legally described above from AG-1, Agricultural Preserva-
tion, to R-3, Single Family Residential District with a Planned Development Overlay, based on
the following findings:
A. The proposed requested R-3, Single Family Residential District and its development
standards with the Planned Development Overlay designation is consistent with the
low density residential land use designation in the East Ravine Master Plan (June
2006).
B. The proposed R-3, Single Family Residential District, and its development standards
with the Planned Development Overlay designation is consistent with the low density
residential land use designation in the Future Land Use Map of the City's Future
Vision 2030 Comprehensive Plan (March 2011).
C. The low-density residential density proposed within the Ravine Meadows subdivision
is consistent with the low-density residential density range described in the approved
East Ravine Master Plan and the City's Future Vision 2030 Comprehensive Plan.
D. The request to rezone the property from AG-1, Agricultural Preservation, to R-3,
Single Family Residential, is consistent with the development densities identified in
the City's Comprehensive Plan and East Ravine Master Plan.
E. The developer proposes to develop the entire 39.5-acre site and 92 lots in one
phase. Developing this residential project will be compatible with the existing resi-
dential neighborhoods south of 70th Street and future neighborhoods in the Upper
Ravine area.
Ordinance No. XXX
Page 2
F. The proposed variation of lot sizes, lot widths, minimum front yard, and side yard
setbacks are similar in function to the proposed PDO plan and will equal or be better
than those achieved by the applicable zoning standard.
SECTION 3. EFFECTIVE DATE. This ordinance amendment shall be in full force and
effective from and after adoption and publication according to law.
Passed this 3rd day of April 2013.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
RESOLUTION NO. 2013-XXX
RESOLUTION AUTHORIZING THE PUBLICATION OF
ORDINANCE NO. XXX BY TITLE AND SUMMARY
WHEREAS, the City Council of the City of Cottage Grove adopted Ordinance No. XXX,
to amend City Code Title 11-1-6, Zoning Map, to rezone certain property located north of 70th
Street, approximately one-third mile east of Jamaica Avenue from AG-1, Agricultural
Preservation to R-3, Single Family Residential District with a Planned Development Overlay;
and
WHEREAS, Minnesota Statutes, Section 412.191, subd. 4 allows publication by title
and summary in the case of lengthy ordinances; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage
Grove, County of Washington, State of Minnesota, that the City Clerk shall cause the following
summary of Ordinance No. XXX to be published in the official newspaper in lieu of the entire
ordinance:
Public Notice
The City Council of the City of Cottage Grove has adopted Ordinance No. XXX. The
ordinance amends City Code Title 11-1-6, Zoning, to rezone certain property located
north of 70th Street and approximately one-third mile east of Jamaica Avenue from
AG-1, Agricultural Preservation to R-3, Single Family Residential District with a
Planned Development Overlay. The full text of Ordinance No. XXX is available for
inspection at Cottage Grove City Hall during regular business hours and is posted at
the Washington County Park Grove Library.
BE IT FURTHER RESOLVED that a copy of the ordinance will be kept in the City
Clerk's office at City Hall for public inspection and that a full copy of the ordinance be posted in
a public place in the City.
Passed this 3rd day of April 2013.
Attest:
Myron Bailey, Mayor
Caron M. Stransky, City Clerk
RESOLUTION NO. 2013-XXX
RESOLUTION APPROVING THE PRELIMINARY PLAT NAMED
RAVINE MEADOW
WHEREAS, Newland Real Estate Group, LLC has applied for a preliminary plat for
subdivision to be known as Ravine Meadow. The development, which will consist of 92 lots for
single-family homes and 6 outlot parcels for public park space, stormwater detention basin, and
landscape islands, would be located on property legally described as:
{Legal Description}
WHEREAS, Newland Real Estate Group, LLC also applied for a zoning amendment to
change the zoning from AG-1, Agricultural Preservation, to R-3, Single Family Residential District,
with a Planned Development Overlay (PDO); and
WHEREAS, public hearing notices were mailed to surrounding property owners within
500 feet of the proposed development site and a public hearing notice was published in the
South Washington County Bulletin; and
WHEREAS, the Planning Commission held the public hearing on these applications on
February 25, 2013; and
WHEREAS, the public hearing was open for public testimony and testimony from the
applicant and the public was received and entered into the public record; and
WHEREAS, the Planning Commission by an 6-to-0 vote, recommended to the City
Council the approval of the Ravine Meadow preliminary plat, subject to certain conditions.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage
Grove, Washington County, Minnesota, hereby approves the preliminary plat application filed by
Newland Real Estate Group, LLC for a residential subdivision plat named Ravine Meadow,
which consists of 92 lots for single-family homes and 6 outlot parcels for public park space,
stormwater detention basin, and landscape islands, located on property legally described
above. The approval of this preliminary plat is subject to the following conditions:
1. The developer and builders must comply with all city ordinances and policies.
2. Approval of the rezoning, Planned Development Overlay Plan and preliminary plat
applications is contingent on the e�ension of city utilities that are necessary to serve
this project. The extension of public utilities across the South Washington
Watershed (SWWD) property must meet the approval of the SWWD and coordi-
nated with the DR Horton improvements.
3. The applicant receive appropriate building permits from the City, and permits or
approvals from other regulatory agencies including, but not limited to, the South
Washington Watershed District, DNR, Minnesota Department of Health and the
Minnesota Pollution Control Agency.
Resolution No. 2013-XXX
Page 2 of 14
4. The future submittal of the final plat and the City's approval of the final plat are sub-
ject to additional conditions that will be listed in the City resolution approving the
final plat and included in the development agreement between Newland Real Estate
Group, LLC and the City of Cottage Grove.
5. The developer must enter into an agreement with the City of Cottage Grove for the
completion of the public improvements required by City ordinances. Once the de-
velopment agreement is completely executed and all cash deposits and payments
are paid to the City, the City will release the final plat to the developer for recording
at the Washington County Recorder's Office.
6. The revised grading and utility plan must be submitted to City staff for review and
approval prior to the submission of the final plat plan applications to the City. All
emergency overflow swales must be identified on the grading and erosion control
plan.
7. The City Engineer is authorized to prepare a feasibility report for the construction of
all public improvements within Ravine Meadow.
8. The developer must submit for staff review and approval a final construction man-
agement plan that includes erosion control measures, project phasing for grading
work, areas designated for preservation, a crushed-rock construction entrance, and
construction-related vehicle parking. Parking along 70th Street (CSAH 22) is
prohibited.
9. The Developer shall be financially responsible for 100 percent of all public improve-
ments. The City Engineer will prepare the construction plans and release the plans
to the developer after the development agreement is fully executed and the City has
received all the escrows and payments.
10. A pre-construction meeting with City staff and the contractor must be held before
site work begins. The contractor will provide the City with a project schedule for the
various phases of construction.
11. Erosion control devices must be installed prior to commencement of any grading ac-
tivity. Erosion control shall be perFormed in accordance with the recommended
practices of the "Minnesota Construction Site Erosion and Sediment Control Plan-
ning Handbook" and the conditions stipulated in Title 10-5-8, Erosion Control During
Construction of the City's Subdivision Ordinance.
12. The developer is responsible for the cost and installation of fourteen public land
boundary markers at the corners of private properties abutting Outlots A and C. The
boundary markers are $115 per marker (totaling $1,610.00) and are to be picked up
at the Cottage Grove Public Works facility. The boundary markers must be installed
before a building permit is issued for the lot that abuts the recommended marker
location.
Resolution No. 2013-XXX
Page 3 of 14
13. The developer shall prepare a warranty deed to convey fee ownership of Outlots A
and C to the City of Cottage Grove and record the deed once the City has inspected
the improvements proposed on each Outlot. Once the City has accepted the im-
provements and the developer has removed all silt fence, erosion control devices,
and ground vegetation has matured within these Outlots and is accepted by the
City, the developer shall prepare a record plan for each Outlot. A copy of the
recorded plan must be submitted to the City. The warranty deed for both Outlots
shall be recorded at Washington County Recorder's office once the Outlots are
accepted by the City.
14. The final plat and declaration of private covenants must be recorded with the
Washington County Recorder's Office before any building permit can be issued.
15. All setbacks shall be consistent with the approved Planned Development Overlay
Plan dated January 28, 2012. The front yard setback for the living area of the house
must be a minimum of 25 feet and the front yard setback for the attached garage
must be a minimum of 30 feet. The minimum side yard setback for both the living
area and attached garage is 7.5 feet. The minimum rear yard setback is 35 feet.
16. The homeowners association (HOA) shall own Outlots B, D and E and be respon-
sible for all maintenance, repair, replacement, removal, etc. of any and all
landscaping amenities that are placed within street right-of-way; the buffer strip
paralleling 70th Street; center landscaped islands described as Outlots B, D and E;
subdivision monuments; and the yard area between the south boundary line of
Blocks 1 and 2 to the shoulder of 70th Street. All monument signs must comply with
the City's Sign Ordinance and only be placed on private property.
17. Landscaping as shown on the Landscape Plan dated January 28, 2013 and the pro-
posed undulating earth-berms within the buffer strip along the south boundary line
of Blocks 1 and 2 will be required. The homeowners association is responsible for
the long-term maintenance.
18. An underground sprinkling system shall be installed within the buffer strip along the
rear lots of the parcels platted in Blocks 1 and 2 and irrigate the grass area all the
way to the shoulder along 70th Street. The homeowners association is responsible
for mowing the grass area between the south boundary line of Blocks 1 and 2 and
the shoulder along 70th Street. Mowing in this area shall be consistent with the
mowing and maintenance of the buffer strip along the rear lots platted in Blocks 1
and 2.
19. All drainage and utility easements as recommended by the City Engineer must be
shown on the final plat and dedicated to the City for public purposes
20. Payment of park dedication fees in the amount of $188,416.00 is based on 92 lots
and 64 percent of the $3,200 per lot park fee because park land dedication was only
partially satisfied. The park fee is due and payable at the time of executing the
development agreement.
Resolution No. 2013-XXX
Page 4 of 14
21. Tree mitigation is required in accordance with ordinance criteria. A minimum of 18
deciduous trees with a 2.5 inch trunk diameter is required to be planted. Planting
these trees may occur within the park area, added to the landscaped buffer along
70th Street as shown on the Landscape Plan dated January 28, 2013, within the
South Washington Watershed (SWWD) property with the written approval by the
SWWD, or on selected lots.
22. In addition to one yard tree for each lot having street frontage, four yard trees and
ten shrubs must be planted on each residential lot. One of the four trees must be a
conifer tree. The developer or building must post a letter of credit or escrow for the
estimated cost of these trees and shrubs on each lot.
23. The applicant must hire a city-approved arborist to assist with all facets of tree pre-
servation on the site. The arborist will supervise installation and maintenance of tree
preservation fencing and the tree and brush removal process. Mitigative measures
to aid in preservation of trees slated to remain will occur based upon the recom-
mendations of the arborist. Should trees designated for preservation be removed,
the applicant will replace the trees in accordance with the ordinance criteria. Trees
designated for preservation which is found to be harmed, diseased, or dying, or are
not suited for location into the project may be removed based upon the recommen-
dation of the arborist in agreement with the City and the applicant. Trees removed
will be replaced as required by ordinance. The developer must install snow fencing
or similar fencing material around all trees or groups of trees that are to be
preserved prior to any grading activity on the site.
24. Retaining walls with a height that exceeds four feet or has a combination of tiers that
exceed four feet or is a three-foot wall with a back slope greater than four-to-one
shall be constructed in accordance with plans and specifications prepared by a
structural or geotechnical engineer licensed by the State of Minnesota. Following
construction, a certification signed by the design engineer shall be filed with the City
Engineer as evidence that the retaining wall was constructed in accordance with the
approved plans and specifications. Any fencing on retaining walls must be decora-
tive and subject to the design criteria established in the homeowners association
declaration of covenants.
25. A"STOP" sign must be installed at the northwest corner of the Jensen Avenue and
70th Street intersection.
26. The applicant must submit private covenants with the final plat application which
details the following:
• The homeowners association shall own Outlots D, E, and F and be responsi-
ble for all maintenance, repair, replacement, removal, etc. of any and all
landscaping amenities that are placed within street right-of-way, the buffer
strip paralleling 70th Street, center landscaped islands described as Outlots
B, D and E, and monument signs. Included in the declaration of covenants,
the shall be a provision that if the homeowners association defaults on pay-
ment of property taxes and Outlots B, D, and/or E becomes tax-forFeited
property with the city obtaining ownership, the city will bill annually each land-
Resolution No. 2013-XXX
Page 5 of 14
owner within the Ravine Meadow subdivision the cost to maintain the
forFeited parcels and all property taxes due thereon.
• If fencing is installed along 70th Street, it must be constructed of the same
design, materials and color and placed on the house side of the buffer
easement located in the rear yard of those lots in Block 1 and 2. The fencing
must not encroach within the buffer easement.
• All signs, mailboxes, and accessory lighting will be uniform in materials and
design and be approved as part of the landscape plan.
• TurF inanagement in and around the stormwater basin in Outlot A will be per-
formed by the City about twice per year. Weed control might occur once per
year and the area will not be fertilized. Debris will generally be removed.
Trees will be regularly trimmed and monitored. Tree saplings will be removed
by Public Works. The City will periodically inspect the basin to assure
property flow of the stormwater system. Inspections may result in structure
maintenance/ reconstruction (inlets, outlets, skimmers, etc.), sediment re-
moval, basin shaping, and storm pipe cleaning. All disturbed areas will be
restored with similar materials. A natural buffer within 15 feet of a normal
water level will be preserved. If the homeowners association desires a more
regular maintenance of the ground cover or that it be irrigated, the home-
owners association shall prepare a maintenance plan and submitted it to the
Cottage Grove Public Works for review and approval.
• The homeowners association is responsible for mowing the grass area be-
tween the south boundary line of Blocks 1 and 2 and the shoulder along 70th
Street. Mowing this area shall be consistent with the mowing and mainten-
ance of the turF and landscaping improvements within the buffer easement
located in the rear lots of Blocks 1 and 2.
• The homeowners association or the property owner on Lot 13, Block 3 of
Ravine Meadow must maintain the turf grass on that portion of Outlot A from
the curb of Jewel Lane South to the easterly extension of the rear lot line of
Lot 13, Block 3. Maintenance of this area is primarily the mowing of the turf
that is generally the same turf maintenance schedule that occurs on Lot 13,
Block 3.
• The homeowners association or homeowner that has a sidewalk in front or
on the side of their property is responsible for maintaining the sidewalks.
Such maintenance includes, but is not limited to, sweeping and promptly re-
moving ice and snow or other obstruction to ensure the safe passage of
pedestrians.
• Permanent or temporary access directly to 70th Street from any lot abutting
70th Street is prohibited.
19. Irrigation systems installed within City right of way are solely the developers, home-
owners association or individual homeowner's responsibility and risk. The City is not
Resolution No. 2013-XXX
Page 6 of 14
responsible or liable for any damage or costs related to installation, damage or re-
placement of lawn irrigation systems placed in the boulevard as a result of City use
of or future changes in the right of way.
20. The street names as recommended by the City must be shown on the final plat.
21. No private driveway should have a slope greater than ten percent.
22. Fences, play equipment, swing sets, sand boxes, firewood, kennels, and/or any
other materials or obstacles are prohibited from being placed in Outlot A.
23. The developer is aware that 70th Street (CSAH 22) is a County road and residential
uses located adjacent to highways often result in traffic noise complaints. Future
roadway improvements to 70th Street might occur in the future. The developer's
marketing materials shall identify 70th Street as County State Aid Highway 22. The
City and Washington County are not responsible for construction or payment of any
traffic noise mitigation. The developer was advised of the potential traffic noise im-
pacts and the future improvements to 70th Street (CSAH 22). The Developer agrees
to hold harmless the city and Washington County of any claims relative to overall
noise levels that may adversely impact residents and properties along 70th Street
(CSAH 22).
24. The developer shall obtain a Washington County right-of-way permit for any grading
or utility connections within the County's right-of-way. The County right-of-way per-
mit must be issued before any excavation or construction occurs within the County's
right-of-way.
25. The developer shall obtain a Washington County Access Permit for the Jensen Ave-
nue connection to 70th Street (CSAH 22) before any excavation or construction for
Jensen Avenue begins. There are no plans to include a pedestrian crossing on 70th
Street (CSAH 22).
26. All tree preservation, grading, drainage, erosion control, and utilities must conform to
the submitted plans dated January 28, 2013 or as approved by the City Engineer.
27. No barrier or planting should encroach upon or over any public walkway.
28. A ten-foot wide maintenance bench must be two feet above a pond's normal water
level. Pond slopes above the ten-foot maintenance bench must not be steeper than
a 4:1 slope.
29. Ground elevations at the foundation of all structures shall be a minimum of two feet
above the emergency overflow elevation and/or high water elevation of any storm-
water basin.
30. All emergency overFlow swales must be identified on the grading and erosion control
plan. Each fall while home building is occurring, emergency overflow elevations shall
be surveyed to ensure the emergency overFlows are properly graded and main-
tained.
Resolution No. 2013-XXX
Page 7 of 14
31. A street lighting plan must be submitted by the developer and approved by the City
Engineer prior to approval of a final plat.
32. A letter of credit amounting to 150 percent of the landscaping estimate, street
sweeping, paving and curbing, and irrigation systems should be submitted to and
approved by the City. Upon completion of the landscaping improvements, the owner
shall, in writing, inform the City that said improvements have been completed. The
City shall retain the financial guarantee covering the landscape improvements for a
period of one year from the date of notice, to ensure survival of the plants. No
building permit shall be issued until the required financial guarantee has been
received and accepted by the City.
33. A temporary turn-around must be constructed at the west end of 68th Street and at
both east ends of Jewel Lane South. If the temporary turn-around must extend onto
private property, the developer shall prepare a temporary easement benefiting the
City of Cottage Grove for public use of the property. The developer shall prepare a
sketch plan and legal description for this temporary easement. The temporary
easement will continue to be in effect until such time the roadway is extended in the
future. The document shall include a provision that the temporary easement will
automatically terminate once the roadway is extended and the City declares the
temporary easement is no longer required. The developer is also responsible for the
cost and installation of a barrier and sign at the end of the four dead-ended road-
ways. The sign will be an advisement that the road will be extended in the future.
34. A five-foot wide concrete sidewalk must be constructed on both sides of Jensen
Avenue, between the trail paralleling 70th Street and 69th Street.
35. The dimensions of each lot must be verified on the final plat and a list containing the
square footage for each lot must be provided to the City.
36. Upon completing site grading, four copies of an "As-Built" survey for the site grade
elevations must be submitted to the City. An electronic file of the "As-built" survey
must be submitted to the City Engineer.
37. The City's curb and sidewalk replacement policy must be complied with during
home building. A bituminous wedge shall be maintained on the street until 90 per-
cent of the homes are constructed.
38. The City will provide to the developer the street name plates and poles. The devel-
oper must pay the City for the costs of labor and materials for these street name
signs before any building permit is issued.
39. The developer must remove all dead and diseased trees, all other debris, and
fencing materials that serve no practical use. This work must be completed prior to
the issuance of a building permit.
40. The developer must make all necessary adjustments to the curb stops, gate valves,
and metal castings to bring them flush with the topsoil (after grading).
Resolution No. 2013-XXX
Page 8 of 14
41. The developer must place iron monuments at all lot and block corners and at all
other angle points on property lines. Iron monuments must be placed after all site
and right-of-way grading has been completed in order to preserve the lot markers
for future property owners.
42. The developer shall contact the electric, telephone, gas, and cable companies that
are authorized to provide service to the property for the purpose of ascertaining
whether any of those utility providers intend to install underground lines within the
development. The developer agrees to comply with applicable requirements of fran-
chise ordinances in effect in the City, copies of which are available from the city
administrator.
43. The developer is responsible for all street maintenance, upkeep and repair of curbs,
boulevards, sod, and street sweeping until the project is complete. All streets must
be maintained free of debris and soil until the subdivision is completed. Warning
signs shall be placed when hazards develop in streets to prevent the public from
traveling on said street(s) and directing them to detour routes. If and when the street
becomes impassible, such streets shall be barricaded and closed. In the event resi-
dences are occupied prior to completing streets, the developer must maintain a
smooth driving surface and adequate drainage on all streets until they are com-
pleted and accepted by the City. The developer hereby agrees to indemnify and
hold the City harmless from any and all claims for damages of any nature what-
soever arising out of developer's acts or omissions in perForming the obligations
imposed upon developer by this paragraph.
44. Developer will provide to the City copies of bids, change orders, test results, sup-
pliers, subcontractors, etc., relating to the work to be perFormed by the developer.
45. The developer agrees to furnish to the City a list of contractors being considered for
retention by the developer for the performance of the work described in the devel-
opment agreement.
46. The developer is responsible for the control of grass and weeds in excess of eight
inches on vacant lots or boulevards within their development. Failure to control
grass and weeds will be considered a developer's default and the City may, at its
option, perForm the work and the developer shall promptly reimburse the City for any
expense incurred by the City.
47. Developer is responsible to require each builder within the development to provide a
Class 5 aggregate entrance for every house that is to be constructed in the develop-
ment. This entrance is required to be installed upon initial construction of the home,
but a paved driveway must be completed before the City will issue a certificate of
occupancy for that property. See City Standard Plate ERO-7 for construction
requirements. The water service line and shut-off valve shall not be located in the
d riveway.
48. Developer will be required to conduct all major activities to construct the public im-
provements during the following hours of operation:
Resolution No. 2013-XXX
Page 9 of 14
Monday through Friday
Saturday
Sunday
7:00 A.M. to 7:00 P.M.
8:00 A.M. to 5:00 P.M.
Not Allowed
This does not apply to activities that are required on a 24-hour basis such as de-
watering, etc. Any deviations from the above hours are subject to approval of the
City Engineer. Violations of the working hours will result in a$500 fine per
occurrence.
49. The developer shall weekly, or more often if required by the City Engineer, clear
from the public streets and property any soil, earth or debris resulting from construc-
tion work by the developer or its agents or assigns. All debris, including brush, ve-
getation, trees and demolition materials shall be properly disposed of off-site.
Burning of trees and structures is prohibited, except for fire training only.
50. The developer grants the City, its agents, employees, officers, and contractors
permission to enter the site to perform all necessary work and/or inspections during
grading and the installation of public improvements by the developer.
51. All sidewalks to be constructed as part of the development must be completed be-
fore building permits will be issued. If a sidewalk exists on or next to a parcel that is
to be built upon and if any part of that sidewalk is damaged; the builder must repair
the damaged walkway before a Certificate of Occupancy is issued for that particular
parcel.
52. Upon acceptance by the City Council, all responsibility for the improvements must
be assumed by the City, except that the developer is subject to a one year warranty
on the construction of the improvements from the time of acceptance by the City of
all public improvements.
53. City will not have any responsibility with respect to any street or other public im-
provements unless the street or other public improvements have been formally
accepted by the City. Upon completion of the improvements, the developer may re-
quest, in writing, their acceptance by the City. This request must be accompanied by
proof that there are no outstanding judgments or liens against the land upon which
the public improvements are located. Upon the City's receipt of a written request for
acceptance from the developer, the City Engineer will conduct a final inspection of
the public improvements and will furnish a written list of any deficiencies noted. The
City Engineer will base the inspection on compliance with the approved construction
plans, profiles and specifications, as required by the city ordinance. Upon satisfac-
tory completion of all construction in accordance with the approved plans, profiles,
and specifications, as certified by a registered engineer in the State of Minnesota,
and receipt of reproducible record drawings and satisfactory test results, the City
Engineer will notify the developer in writing of the City's approval of the public im-
provements and schedule the request for acceptance for review by the City Council.
54. Upon completion of the work, the developer shall provide the City with a full set of
as-built plans for City records and transmitted to the City in a DWG Autocad format
Resolution No. 2013-XXX
Page 10 of 14
and pdf format. Developer must also furnish the City with a pdf format of the final
plat and four prints of the recorded plat. If the Developer does not provide as-builts,
the City will produce them at the developer's expense.
55. The developer is responsible for completing the final grade on all lots and ensuring
all boulevards and yards have a minimum of four inches of organic topsoil or black
dirt on them. Placement of organic topsoil or black dirt, sod, and shrubs must not be
transferred to homeowners.
56. No building permit will be issued until such time as adequate public utilities, includ-
ing street lights, and streets have been installed and determined to be available to
use. The City will require that the utilities, lighting, and street system have been
constructed and considered operational prior to issuance of any building permits in
the development. Also, the City must have all the necessary right-of-way and/or
easements needed for the property to be serviced.
57. Adequate dumpsters must be on site during construction of streets, utilities, and
houses. When the dumpsters are full, they must be emptied immediately or re-
placed with an empty dumpster. The developer is responsible to require each
builder to provide an on-site dumpster to contain all construction debris, thereby
preventing it from being blown off-site.
58. Adequate portable toilets must be on-site at all times during construction of utilities,
roadways, and houses. At no time shall any house under construction be more than
250 feet away from any portable toilet. Toilets must be regularly emptied.
59. After the site is rough graded, but before any utility construction commences or
building permits are issued, the erosion control plan shall be implemented by the
developer and inspected and approved by the City. The City may impose additional
erosion control requirements if it is determined that the methods implemented are
insufficient to properly control erosion.
60. All areas disturbed by the excavation and back-filling operations shall be fertilized,
mulched and disc anchored as necessary for seed retention. Time is of the essence
in controlling erosion. If the developer does not comply with the erosion control plan
and schedule, or supplementary instructions received from the City, or in an emer-
gency determined at the sole discretion of the City, the City may take such action as
it deems appropriate to control erosion immediately. The City will notify the devel-
oper in advance of any proposed action, but failure of the City to do so will not affect
the developer's and the City's rights or obligations. If the developer does not reim-
burse the City for any costs of the City incurred for such work within thirty (30) days,
the City may draw down the letter of credit to pay such costs.
61. The developer is responsible for Erosion Control inspection fees at the current rates.
If the developer does not reimburse the City for the costs the City incurred for such
work within thirty (30) days, the City may draw down the letter of credit to pay such
costs.
Resolution No. 2013-XXX
Page 11 of 14
62. Burying construction debris, trees, shrubs, and other vegetation is prohibited on the
site.
63. Dust control measures must be in place to prevent dust and erosion, including, but
not limited to daily watering, silt fences, and seeding. The City Engineer may impose
reasonable measures to reduce dust at the site.
64. During construction, streets must be passable at all times, free of debris, materials,
soils, and other obstructions.
65. The developer shall comply with the 1991 Wetlands Conservation Act, as amended.
66. All the lots platted in Ravine Meadow shall be part of the same homeowners asso-
ciation.
67. The developer shall pay to the City a total of $1,069,869.12. This payment is for the
development fees and charges for the following:
FEES AND CHARGES ACRES RATE ESTIMATED
AMOUNT
Storm water area char e 35.30 $3,938/ac. $138,992.47
Waterworks area char e 35.30 $2,922/ac. $103.132.55
Sanita sewer area char e 35.30 $6,763/ac. $238,701.39
Street li ht oles and luminaries $21,700.00
Street li ht utilit and surchar e fee $21,220.00
Initial sealcoating of streets and $5,409.60
trails
Park fee 92 64% of $3,200 $188,468.29
Bounda markers 14 $115 $1,610.00
AUAR fee 39.48 $4,579.68
Ma'or Road Char e 36.97 $8,615 $318,455.14
Curb sto ins ections 92 $300 $27,600.00
Total $1,069,869.12
These fees are subject to change based on quantity adjustments and credits to the
actual costs for oversizing certain public utilities. These fees and charges will accu-
rately be adjusted in the development agreement. The fee is due and payable to the
City at the time the development agreement fully executing by the City and
developer.
68. The City agrees to sealcoat the streets in the subdivision no later than two years
after 83 houses within the subdivision have been constructed.
69. It is the developer's responsibility to keep active and up to date the developer's con-
tract and financial surety (e.g. Letter of Credit, etc.). These documents must remain
active until the developer has been released from any further obligation by City
Council motion received in writing from the City Engineer.
Resolution No. 2013-XXX
Page 12 of 14
70. The developer must provide to the City an irrevocable letter of credit for on-site im-
provements to ensure that the developer will construct or install and pay for the
following:
• Pave streets
• Concrete curb and gutter
• Hard surFace driveways
• Street lights
• Mailboxes
• Water system (trunk and lateral) and water house service stubs
• Sanitary sewer system (trunk and lateral) and sanitary house service
stubs
• Storm sewer system
• Street and traffic control signs/signals
• Shaping and sodding drainage ways and berms in accordance with the
drainage development plan approved by the City Engineer
• Adjust and repair new and existing utilities
• Sidewalks and trails
• Erosion control, site grading and ponding
• Surveying and staking
• Park and storm water basin boundary markers
These improvements are all in conformance with City approved plans and specifica-
tions and will be installed at the sole expense of the developer in conformance with
Title 10, Chapter 5 of the City Code; or if in lieu of the developer making said im-
provements, the City proceeds to install any or all of said improvements, under the
provisions of Chapter 429 of the Minnesota Statutes, the City Council may reduce
said Letter of Credit by the amounts provided, upon the ordering, for those public
improvements so undertaken. The Letter of Credit must have the same expiration
date as the Developer's contract.
The bank and form of the security is subject to the reasonable approval of the City.
The security shall be automatically renewing. The term of the security may be ex-
tended from time to time if the extension is furnished to the City at least forty-five
(45) days prior to the stated expiration date of the security. If the required public im-
provements are not completed, or terms of the Development Agreement are not
satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the city
may draw down the letter of credit. The City may draw down the security without
prior notice for any default of the Development Agreement.
This minimum amount for this financial guarantee will be included in the develop-
ment agreement.
71. A Developer's cash escrow must be posted with the City's Finance Director in a
non-interest bearing account to cover engineering, legal and administrative costs in-
curred by the City. If this account becomes deficient it shall be the developer's
responsibility to deposit additional funds. This must be done before final bonding
obligations are complete. This escrow amount will be included in the development
agreement.
Resolution No. 2013-XXX
Page 13 of 14
72. An engineering cash escrow must be posted with the City's Finance Director in a
non-interest bearing account to cover costs of City services, expenses, and mate-
rials provided in reviewing and processing of the final plat, including but not limited
to staff time, legal expenses, office and field inspections, general inspections, and
all other city staff services performed. This escrow amount will be included in the
development agreement.
73. The developer is responsible for establishing the final grades, topsoil, and seeding
of all the residential lots and boulevards within Ravine Meadow. The developer
and/or builder is responsible for planting the one boulevard tree per lot and a
second boulevard tree on the corner side lot for corner lots. The City Forester will
mark the location where the boulevard tree must be planted and approve the tree
species to be planted. Contrary to the developer's landscaping plan dated January
28, 2012, a mix of tree species will be planted on each street. The Landscape Plan
must be modified and submitted with the final plat application. The developer is also
responsible for planting the trees and landscaping improvements within the buffer
strip along the rear lot of the parcels in Blocks 1 and 2, in Outlots B, D and E and
any other trees required for tree mitigation.
74. The developer shall incorporate the recommendations and requirements listed in
Stantec's (city engineering consultant) letter dated February 14, 2013 into the final
plat.
75. The City will consider the possibility of altering the lot boundary configuration for
Lots 1 and 2, Block 7 and Outlot A to enhance the lot layout configuration for prop-
erty located east of the Ravine Meadow subdivision. Accomplishing this will require
the cooperation between Newland Real Estate Group, LLC and the landowner east
of this site.
76. The developer is responsible for the cost and construction of an eight foot wide as-
phalt trail to be located within one foot of the south boundary line for Blocks 1 and 2
and the trails within Outlot C.
77. The developer is required to pay that portion of the right-turn lane on 70th Street for
eastbound motorists entering the Ravine Meadow subdivision.
78. The development standards for the Planned Development Overlay (PDO) of the R-
3, Single Family Residential District, are as follows:
The buffer strip parallel to 70th Street shall be graded with undulating earth-
berms and densely landscaped.
An underground irrigation system shall be provided for all turF areas.
The minimum front yard setback for the living area of a dwelling must not be
less than 25 feet and the minimum front yard setback of the attached garage
must not be less than 30 feet. A minimum 7.5-foot side yard setback is
acceptable.
Resolution No. 2013-XXX
Page 14 of 14
• The minimum finished floor area for a single-family rambler is 1,500 square
feet and 2,000 square feet for all other single-family designs.
• The minimum attached garage area shall be 440 square feet.
• Architectural design is encouraged on all four sides of the principal structure.
• A minimum of 20 percent of the front fa�ade is covered by brick, stone,
stucco, or cementious board. The 20 percent minimum does not include win-
dows, door areas, or garage doors.
• The minimum roof pitch for the main roof slope is an 8/12 pitch.
• Brick or stone front fa�ade is encouraged to wrap around the front corners
and extend a minimum of 24 inches along each side wall.
• Windows, doors and garage doors are encouraged to have a low or no
maintenance trim on all four sides of the dwelling.
87. The Landscape Plan dated January 28, 2013 must be modified to show more mixed
species along the streets versus one tree species for each street segment. Eighteen
(18) Ginkgo/Ginkgo Biloba trees must be included in the species list and the
Autumn Blaze Maple be changed to Swamp White Oak. A revised Landscape Plan
is required with the submittal of a final plat application. The tree quantities recom-
mended by the Public Works Department are:
■ 18 Ginkgo/Ginkgo Biloba
■ 20 Sugar Maple/Acer Saccharum
■ 20 Swamp White Oak
■ 30 Red Oak/Quercus Rubra
■ 10 Redmond Linden/Tilia Americana `Redmond'
■ 14 Sentry Linden/Tilia Americana `Discovery'
■ 9 Frontier Elm/Ulmus Parvifolia `Discovery'
■ 21 Princeton Elm/Ulmus Americana `Princeton'
Passed this 3rd day of April 2013.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
EXCERPT FROM APPROVED MINUTES FROM THE
PLANNING COMMISSION MEETING ON FEBRUARY 25, 2013
6.3 Ravine Meadow — Cases PP13-002 and ZA13-003
Newland Real Estate Group, LLC has applied for a zoning amendment to rezone property
north of 70th Street and approximately one-third mile east of Jamaica Avenue from AG-1,
Agricultural Preservation, to R-3, Single Family Residential, and Planned Development
Overlay (PDO), and a preliminary plat for a subdivision to be called Ravine Meadow,
which will consist of 92 lots for single-family homes and 6 outlot parcels for public park
space, stormwater detention basin, and landscape islands.
Burbank summarized the stafF report and recommended approval subject to the conditions
stipulated in the staff report.
Ryan Bloom, Westwood Engineering, prepared the plans and is representing Newland
Communities. He stated that he would answer any questions from the Commission.
Brittain asked about trail closures. Levitt responded that a condition could be added that in-
dicates the developer will work in conjunction with Washington County on the connectivity
between the trail and the development to ensure proper sight lines at the entrance to the
development. Brittain explained that he is concerned about the trail locations with respect to
the stop signs. He would like to see the trails terminate at the intersections or ensure there
are good sight lines without fences or landscaping blocking the view of the trail from the
road. He would like to add that as a condition. He also asked if that could become city policy.
Ventura asked if the homeowner association bylaws would be written in such a way to en-
sure maintenance of the outlots. Burbank responded that there would be language in the
developers agreement if the homeowners association ceases to function, the City would
have the ability to maintain the outlots and bill the property owners within the subdivision.
Reese asked if all trees will be removed. Burbank responded yes but the trees on the
neighboring property will not be removed. Reese asked about condition #86 regarding front
fa�ade not including windows, doors, or garage doors. Burbank responded that those would
not be included in the calculation for exterior finishes. He stated that staff would clear up the
language in that condition.
Rostad opened the public hearing,
Ann Zelmer, 9278 70th Street South, wants to ensure that their trees are not included in the
tree removal. She also expressed concern about drainage onto their property. She asked
how the zoning amendment would affect their property; do they have to tie into the water,
sewer, and gas lines; and would they be part of the homeowners association. Levitt re-
sponded that the turn lanes that are part of Washington County's project on 70th Street
would start near that property and she would confirm with Washington County that the trees
at the front of the property are not in the right-of-way of 70th Street. The trees on the sides
and rear that are within their property lines would not be disturbed. Levitt explained that the
drainage in the area should be improved by the 70th Street project. The developer is re-
Excerpt from Approved Planning Commission Minutes
Ravine Meadow — Planning Cases PP13-002 and ZA 13-003
February 25, 2013
Page 2
quired to contain all of their drainage and runoff on their property. The Zelmers would not be
required to connect to any utilities but would have the ability to do so in the future. Their
property would not be part of the homeowners association and would not have to abide by
the HOA rules. Burbank stated that the Zelmer property would not be rezoned as part of this
proposal so the current zoning classification would remain. Zelmer stated that nobody
approached them about this project so they did not know about it until they received the
public hearing notice.
No one e/se spoke. Rostad closed the public hearing.
Brittain made a motion to approve the zoning amendment from AG-1 to R-3. Ventura
seconded. Motion passed unanimously (6-to-0 vote).
Brittain made a motion to approve the Planned Development Overlay (PDO). Reese
seconded. Motion passed unanimously (6-to-0 vote).
Brittain made a motion to approve the preliminary plat for Ravine Meadow, subject to
the 87 conditions stipulated in the staff report, with an added condition that the trail
egress is extended out to the stop sign or there is an adequate viewing angle. Ventura
seconded. Motion passed unanimously (6-to-0 vote).